A discussion about different aspects of a situation when a boat learns, in an invalid hearing, that she has broken a rule. ISAF Q&A 2009-023
This is pretty fundamental. Reading the premise of the questions I was at first answering differently then the Q&A-panel. Of course should the competitor retire! If he wouldn't, a protest by the PC would be appropriate.
The Q&A answers differently. No protest may be lodged from information gained through an invalid protest. From the Q&A:
"Rule 60.3(a) allows a protest committee to protest for what it learns from a report from the representative of the boat, but not for what it learns from an invalid protest."
"If the protest committee believe a competitor may have deliberately broken a rule, or has chosen not to retire or take a penalty despite knowing that he/she has broken a rule, the protest committee should speak with the competitor. If after that discussion the competitor declines to take a penalty despite knowing that he/she has broken a rule, the protest committee should consider acting under rule 69. If, on the other hand, the protest committee believes the competitor may have deliberately broken a rule, the protest committee should act under rule 69."
Pretty steep, don't you think?
If you run across a case like this, you'd better get all the facts straight and be up to par with your rule 69 knowledge in procedures.....